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Home My WebLink AboutResolution - 2022-R0372 - Section 5304 Planning Grant with TxDot 9.13.22Resolution No. 2022-RO372 Item No. 5.3.1 September 13, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock, or his designee, is hereby authorized to execute a FY 2023 Section 5304 Planning Grant from the Texas Department of Transportation (TxDOT), TxDOT PLN 2303 (05) 04022, Project ID 51008030523, to the City of Lubbock for preliminary engineering, initial design, and environmental work for the administrative/maintenance facility, downtown transfer facility, and mobility hubs. Said Grant is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on ATTEST: Rebe ca Garza, City 9ecrekrjy APPROVED AS TO CONTENT: Bill How�ffon; Assistant City APPROVED AS TO FORM: City Attorney RES. Citibusf` TxDOT Grant 5304 FY 2023 8.26.22 September 13, 2022 Resolution No. 2022-R0372 PGA: SECTION 5304 FEDERAL -PLANNING SUBRECIPIENT: Lubbock, City of FAIN: TX-2022-040 CFDA* 20.505 TXDOT PROJECT #: PLN 2303 (05) 040_22 PROJECT ID M 51008030523 MASTER GRANT AGREEMENTM MGA-2022-2026-LUBBOCK-046 FEDERAL TRANSIT ADMINISTRATION NOT RESEARCH AND DEVELOPMENT STATE OF TEXAS § COUNTY OF TRAVIS § FEDERAL PLANNING PROGRAM FISCAL YEAR 2023 PROJECT GRANT AGREEMENT THIS PROJECT GRANT AGREEMENT (PGA) is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State" and Lubbock, City of, called the "Subrecipient". WITNESSETH WHEREAS, 49 United States Code Section 5304, Planning, provides that eligible recipients may receive federal funds for public transportation planning; and WHEREAS, Texas Transportation Code Chapter 455 authorizes the State to assist the Subrecipient in procuring aid for the purpose of establishing and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Transportation Code Chapter 456; and WHEREAS, the U.S. Secretary of Transportation approved the State's request for funding; and WHEREAS, the Governor of the State of Texas has designated the Texas Department of Transportation to receive federal funds under the Section 5304 grant program; and WHEREAS, the Subrecipient submitted a Fiscal Year 2023 Grant Application (if applicable) for state financial assistance, and the Texas Transportation Commission approved the application by Minute Order Number(s) 116278; and, WHEREAS, the Subrecipient must execute a Grant Application (if applicable) and Fiscal Year Certifications and Assurances each fiscal year grant period for consideration for new state and federal grants; and WHEREAS, a Master Grant Agreement (MGA) between the Subrecipient and the State has been Lubbock, City of Project ID #:51008030523 Fed 5304 Planning Page 1 of 5 Revised 08/26/2013 adopted and states the general terms and conditions for grant projects developed through this PGA; NOW THEREFORE, the State and Subrecipient agree as follows: AGREEMENT ARTICLE 1. GRANT TIME PERIOD This PGA becomes effective when fully executed by both parties or on 09/01/2022, whichever is later. This PGA shall remain in effect until 08/31/2024, unless terminated or otherwise modified in an Amendment. This PGA will not be considered fully executed until both parties have executed a MGA, and the Subrecipient has submitted the Grant Application (if applicable) and Certification and Assurances to the State. The time period of this PGA cannot be extended past the MGA, without exception. Any cost incurred before or after the contract period shall be ineligible for reimbursement. ARTICLE 2. PROJECT DESCRIPTION A. The Subrecipient shall complete the public transportation project described in the Grant Application, the Attachment A - Approved Project Description, and the Attachment B - Project Budget. Attachments A and B are attached to and made a part of this agreement. The Subrecipient shall complete the project in accordance with all of the documents associated with the MGA and with all applicable federal and state laws and regulations. B. If applicable, the Subrecipient shall begin competitive procurement procedures by issuing an invitation for bids or a request for proposals no later than sixty (60) days after the effective date of this grant agreement for the purchase of the approved line items referenced in Attachment A. No later than sixty (60) days after the issuance of public notification, the Subrecipient shall publicly open all bids or privately review proposals. The Subrecipient shall enter into a binding agreement with a supplier no later than thirty (30) days after the opening of an acceptable bid or proposal. The Subrecipient shall notify the department in writing when it is necessary to exceed these deadlines. ARTICLE 3. COMPENSATION The maximum amount payable under this PGA without modification is $500,000 and 100,000 Transportation Development Credits, provided that expenditures are made in accordance with the amounts and for the purposes authorized in the Grant Application, the Attachment A, and the Attachment B. Invoices are to be submitted electronically through the eGrants system. ARTICLE 4. AMENDMENTS Except as noted in the MGA, changes in the scope, objectives, cost, or duration of the project authorized in this agreement shall be enacted by written amendment approved by the parties before additional work may be performed or additional costs incurred. Any amendment must be executed by both parties within the grant period specified in Article 1, Grant Time Period. ARTICLE 5. INCORPORATION OF MGA PROVISIONS This PGA incorporates all of the governing provisions of the MGA in effect on the date of final execution of this PGA, unless an exception has been made in this agreement. Lubbock, City of Project ID #:51008030523 Fed 5304 Planning Page 2 of 5 Revised 08/26/2013 ARTICLE 6. SIGNATORY WARRANTY Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. ARTICLE 7. ACCESS TO INFORMATION The Subrecipient is required to make any information created or exchanged with the state pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. THIS AGREEMENT IS EXECUTED by the State and the Subrecipient in duplicate. THE SUBRECIPIENT Tray Payne Signature Mayor Title Sep 22 2022 8:45AM Date THE STATE OF TEXAS Eric Garcia Signature Public Transportation Coordinator Title Sep 22 2022 5:47PM Date List of Attachments A —Approved Project Description B — Project Budget Lubbock, City of Project ID *51008030523 Fed 5304 Planning Page 3 of 5 Revised 08/26/2013 ATTACHMENT A APPROVED PROJECT DESCRIPTION This project covers plan preliminary engineering, initial design, and environmental work for the administrative/maintenance facility, downtown transfer facility, and mobility hubs. The pending Facility Feasibility Study will identify a primary and secondary location for each of the administration/maintenance facility, downtown transfer facility, and multiple locations for potential mobility hubs. The preliminary engineering, initial design, and environmental work will be conducted by a consultant that will be hired through a competitive procurement process. The consultant will use the data from the Facility Feasibility Study and the Comprehensive Operational Analysis (COA) to determine what is suitable for the proposed locations of each facility. Subrecipient shall comply with Article 12: Project Records and Reports and Article 13 of the Master Grant Agreement requiring procurement and project milestones / quarterly progress reports. Within 30 days of PGA execution, the subrecipient will provide the TxDOT Public Transportation Coordinator with a project milestone plan that delineates fund expenditures throughout the contract period. Per Texas Administrative Code (TAC) 31.47, Audit and Project Close -Out Standards: The subrecipient shall make every reasonable effort to complete all project activities and request appropriate reimbursements within the time period specified in the project agreement and TAC 9.136, Suspension or Termination for Cause: On termination of a subgrant, the unexpended and unobligated funds awarded to the grantee immediately revert to the department (TxDOT). TxDOT's Public Transportation Division's (PTN) sets a Federal Transit Administration overall Disadvantaged Business Enterprise (DBE) goal every three years for funds expended by subrecipients. The proposed overall goal for fiscal years 2021 - 2023 is 3.1 percent. This is not a contract specific goal but an overall goal for annual DBE participation. PTN subrecipients should undertake efforts to include DBE businesses in purchasing and contracting opportunities, and are encouraged to utilize DBE business whenever practicable. The full definition of DBE program requirements is found in Article 23 of the Master Grant Agreement. Lubbock, City of Project ID #:51008030523 Fed 5304 Planning Page 4 of 5 Revised 08/26/2013 ATTACHMENT B PROJECT BUDGET # Description Fuel Type # of Award state Local In -Kind Total TDC Match TDC Units Amount Match Match Match Funds Ratio Amount 1 Engineering and Design Admin/Maintenance $500,000 $500,000 X 80/20 100,000 Facility-11.41.03 Totals: $500,000 $0 $0 $0 $500,000 1 100,000 Lubbock, City of Project ID #:51008030523 Fed 5304 Planning Page 5 of 5 Revised 08/26/2013